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Download - Media Institute of Southern Africa

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State <strong>of</strong> the media in <strong>Southern</strong> <strong>Africa</strong> 2002<br />

Zimbabwe Independent Chief Reporter, Dumisani Muleya is unreservedly condemned<br />

by MISA-Zimbabwe.<br />

What is most frightening in the arrest <strong>of</strong> the two journalists is that it is the<br />

Department <strong>of</strong> Information and Publicity that is the complainant in matters that<br />

involve individuals. MISA-Zimbabwe and other media organizations maintain<br />

that the Access to Information and Protection <strong>of</strong> Privacy Act is meant to target<br />

certain journalists. Without doubt the recent events are bringing out the real<br />

intentions behind the media law. Rather than bringing “sanity” in the media as<br />

is purported, the law is now being arbitrarily applied to the detriment <strong>of</strong> the<br />

principles <strong>of</strong> free expression.<br />

That the Department becomes a complainant in terms <strong>of</strong> a law that was partisanly<br />

drafted by the same department is undemocratic to say the least. One would<br />

expect that the complainants’ take up any grievances they may hold against<br />

journalists through the civil laws available to everyone else rather than have<br />

government take up matters <strong>of</strong> criminal defamation on behalf <strong>of</strong> individuals.<br />

The effects <strong>of</strong> criminal defamation laws and the sum total <strong>of</strong> the Access to<br />

Information and Protection <strong>of</strong> Privacy Act is to intimidate journalists into silence<br />

and seriously affect the flow <strong>of</strong> information to members <strong>of</strong> the public.<br />

The arrest <strong>of</strong> the journalists however gives a chance for constitutional challenges<br />

to be made on the legality <strong>of</strong> the Access to Information and Protection <strong>of</strong><br />

Privacy Act and indeed such laws as the Public Order and Security Act. It is the<br />

position <strong>of</strong> MISA-Zimbabwe that a process <strong>of</strong> litigation must be undertaken so<br />

that such repressive laws are struck <strong>of</strong>f our statutes books.<br />

MISA-Zimbabwe further calls upon law-enforcing institutions such as the police<br />

to carry their work impartially and above reproach. What is becoming clear<br />

is the psychological war that the police carry out on journalists by arresting and<br />

later releasing them, sometimes without any charges preferred. What is ultimately<br />

necessary and important is the creation <strong>of</strong> a conduicive political environment<br />

in which journalists can carry out their business like any other citizen.<br />

Sarah Chiumbu, MISA-Zimbabwe Director<br />

Press Statement<br />

June 4, 2002<br />

TOPIC: Statement on the appointment <strong>of</strong> a <strong>Media</strong> Commission in<br />

Zimbabwe<br />

2002<br />

MISA-Zimbabwe seeks to clarify that the statement circulating in Zimbabwe<br />

on the need for a gender balanced <strong>Media</strong> Commission is neither an endorsement<br />

<strong>of</strong> the recently appointed body headed by Mr Tafataona Mahoso, nor <strong>of</strong><br />

the Access to Information and Protection <strong>of</strong> Privacy Act, which we believe is a<br />

296 So This Is Democracy?

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